Terms & Conditions

Table of Contents

Generally

As a user of Avanti Cavalli’s website or by placing an order in Avanti Cavalli’s online store (www.avanticavalli.no), the customer accepts the conditions mentioned below. Before placing an order, the customer must ensure that they have read and understood the terms.

When an order is made on Avanti Cavalli’s website, the customer assures that he or she is over 18 years of age. Customers under the age of 18 must, if requested by the seller, show a written letter with permission to make purchases online. The customer undertakes to provide correct payment, contact and personal information, and is responsible for providing up-to-date and accurate information to the seller.

The customer is responsible for ensuring that means of payment (credit card, Klarna account etc) are his/her own property, and that the person making the order has rights to use the particular payment method. A debit/credit card or bank account must have sufficient funds to cover the total amount of the order. The seller reserves the right to check the creditworthiness and payment information provided before delivering the order. Avanti Cavalli is not obliged to offer the full range of different payment methods for the customer.

Avanti Cavalli is not responsible for orders placed with false identification, using another customer’s account or using others for fraudulent conduct.

Avanti Cavalli cannot guarantee that products and services on the website are always available at all times. We reserve the right to withdraw any product at any time.

We reserve the right to change these terms and conditions without notice. The terms and conditions that are visible at the time of purchase apply to the order.

Store Information

• Company name:  Avanti Cavalli Wasmuth
• Contact address:  Thereses gate 3D, 0358, Oslo
• E-mail:  post@avanticavalli.no
• Telephone:  +47 915 14 104
• Organization no.: 985 284 407

Agreement

The agreement between customer  and store, consists of the information the store provides about the purchase in the ordering solution in the online store (including, among other things, information about the nature, quantity, quality, other properties, price and delivery), any direct correspondence between the parties (for example e-mail) as well as these conditions of sale.

In the event of a conflict between the information the store has provided about the purchase in the order solution in the online store, direct correspondence between the parties and the terms of the sales conditions, direct correspondence between the parties and the information provided in the order solution takes precedence over the sales conditions, as long as it does not conflict with binding legislation.

The agreement is binding for both parties when the customer’s order has been received by the seller. A party is nevertheless not bound by the agreement if there has been a writing or typing error in the offer from the seller in the ordering solution in the online store or in the buyer’s order, and the other party realized or should have realized that there was such an error.

Prices & shipping

The product prices in our online store include VAT, but do not include shipping costs. Our current shipping rates are:

• Free Shipping from an order value of 1500 NOK
• Standar Shipping is 129 NOK

Information about the total costs the buyer must pay, including all taxes (value added tax, customs, etc.) and delivery costs as well as specification of the individual elements in the total price, is provided in the ordering solution before the Place Order.

Order Confirmation

You will receive an order confirmation by email immediately after the purchase has been completed. It is recommended that the customer check that the order confirmation matches the order in terms of quantity, type of product, price, etc. If there is no correspondence between the order and the order confirmation, the customer must contact the store as soon as possible. . The changes can be made as long as the order has not been picked or sent. Avanti Cavalli is not responsible for changes that have arrived too late after an order has been approved.

Payment Methods

The seller can demand payment for the item from the moment the seller ships it to the customer. If the customer uses a credit or debit card for payment, the seller can reserve the purchase price on the card when placing the order.

The payment methods in our online store are:

• Visa, Mastecard
• Klarna
• Vipps

When paying by credit card, the Act on credit purchases etc. will apply.

Delivery

All orders made in Avanti Cavalli online store are delivered within 5-30 days after the order was placed.

• Delivery to Svalbard & Jan Mayen: Goods ordered on Avanti Cavalli are delivered all over mainland Norway. We do not deliver to Svalbard or Jan Mayen.

Risk for the item

The risk of the item passes to the customer when the item has been assumed by the customer in accordance with the agreement. If the time of delivery has come and the customer does not take charge of an item that has been made available to him according to the agreement, the customer still bears the risk of loss or damage due to the characteristics of the item itself.

Right of withdrawal

The customer can cancel the purchase of the item in accordance with the provisions of the Cancellation Right Law. The right of withdrawal means that the customer can return the merchandise to the store without any reason, even if it does not have any defects and even if it has not been delivered. The customer must notify the store of the use of the right of withdrawal within 14 days after receipt of the items, the prescribed information on the right of withdrawal and the right of withdrawal form.

If the customer receives the withdrawal form and the necessary information after the delivery of the items, the withdrawal period begins to run from the day the customer receives the right of withdrawal form and the information. If the customer has received sufficient information or a right of withdrawal form, the withdrawal period will expire 3 months after receiving the goods but if the customer has not received any information about the right of withdrawal, the period will be 1 year.

The customer’s notification to the store about the use of the right of withdrawal must be in writing (right of withdrawal form, email or letter), and must contain information on how the customer wishes to return the merchandise to the store.

The customer must return the items or hand them over to the store, if the store has not offered to collect the goods, no later than 14 days after notification after the right of withdrawal has been granted.

If the customer has expressly chosen an other type of delivery than the standard delivery offered by the store, the store will not pay the additional costs that this entails.

Refunds for the products will be paid to the customer when the returned order is physically received at our warehouse. We will issue a refund using the same method used for the order. In some cases, the customer must inform Avanti Cavalli of their bank account details (IBAN/SWIFT) in order to get the money back. Postage will be refunded to the customer if the order is canceled in its entirety

The customer must bear the cost of returning the merchandise if the right of withdrawal is used.

The customer can examine the product before regretting the purchase. The item must still be able to be returned to the store in the same condition and quantity as it was when the customer received it. The store may require the consumer to make up for any reduction in value as a result of customer handling of the items that was not necessary to determine the nature, characteristics and function of the items.

The customer must return the item to the seller in the original packaging if possible. The customer cannot regret the purchase of items that deteriorate quickly, items that for reasons of health protection or hygiene are not suitable for return, or sound and image recordings (including CDs, DVDs) or computer programs where the seal has been broken.

Examination Of The Item

When the customer receives the item, it is recommended that they reasonably examine whether it is in accordance with the order, whether it has been damaged during transport or whether it is defective. If the item does not correspond to the order or has defects, the buyer must notify the store in case of complaint, cf. the clause of the contract on “Claims in case of defects and term to communicate claims in case of delay”.

Complaint In Case Of Defect And Deadline For Reporting Claims In Case Of Delay

If there is a defect in the merchandise, the customer must notify the store, within a reasonable time after discovering it, that he wants to claim the defect. The term can never be less than two months from the time the consumer discovered the defect. Complaints must still be filed no later than two years after the customer took delivery of the item. If the product or parts of it are intended to last much longer, the complaint period is five years. In case of delay, claims must be made to the store within a reasonable time after the delivery time has arrived and the item has not been delivered. If the item has been paid for by credit card, the customer may also choose to advertise and submit a claim directly to the creditor (credit card company). The message to the seller or credit provider must be in writing (email, fax or letter).

Customer rights in case of delay

If the store does not deliver the item or delivers it late in accordance with the agreement between the parties, and this is not due to the customer or to conditions on the part of the customer, the customer may, in accordance with the rules of Chapter 5 of the Consumer purchase law, retain the purchase price, demand compliance, terminate the contract and demand compensation from the store.

Fulfillment: If the store does not deliver the merchandise at the time of delivery, the customer can keep the purchase and establish a reasonable additional term for the fulfillment by the store. However, the customer may not require performance if there is an obstacle that the store cannot overcome or if performance will cause such a great inconvenience or cost to the store that it is materially disproportionate to the customer’s interest in the store’s compliance. If the difficulties disappear within a reasonable time, the consumer can demand compliance.

Cancellation: The customer can terminate the contract with the store if the delay is significant or if the store does not deliver the merchandise within the additional period of performance that the customer has set. However, the customer cannot terminate the contract while the additional period is running, unless the store has said that it will not perform within the period.

Compensation: The customer can also claim compensation for the losses he suffers as a result of the delay by the store, cf. § 24 of the Consumer Purchase Law.

The customer must report complaints to the store in the event of a complaint, cf. section of this contract relating to “Claims in the event of a defect and deadline for communicating claims in the event of delay”.

Customer rights in case of defect

If the item has a defect and this is not due to the customer or circumstances on the customer’s side, the customer can retain the purchase price, choose between rectification and reshipment, demand a price reduction, demand contract resolution and compensation by the of the store.

Correction or reshipment: If the item has a defect, the customer can require the store to correct the defect or reship the corresponding item. The store may object to the customer’s claim if the implementation of the claim is impossible or causes unreasonable costs for the store.

The store must make the correction or resend within a reasonable time. The correction or delivery must be made at no cost to the customer, without risk that the customer will not be able to cover its expenses and without significant inconvenience to the customer. The store may not make more than two attempts to correct or reship the same defect, unless there are special reasons that make additional attempts reasonable.

Even if the customer does not demand the correction or return, the store can offer the correction or return if it is carried out without delay. If the customer arranges such a rectification or reshipment, the customer cannot demand a reduction or cancellation of the price.

Price discount: If the defect is not corrected or redelivered, the buyer can demand a proportional price discount.

Cancellation: Instead of a price reduction, the customer can cancel the agreement, except when the defect is immaterial.

Compensation: The customer can also claim compensation for the financial loss he suffers as a result of the product having a defect, cf. Article 33 of the Consumer Purchases Law.

The customer must communicate the claims to the store in the event of a claim, cf. section “Claims in case of defect and term to communicate claims in case of delay” of this contract. The rules on claims apply in addition to and independently of the rules on the right of withdrawal and the guarantees provided by the store.

Store Rights in case of customer breach

If the customer does not pay or does not fulfill the other obligations under the contract, and this is not due to the store or to circumstances on the store’s side, the store can retain the merchandise, demand the fulfillment of the contract, demand the cancellation of the contract and customer compensation. The store may also require late payment interest, debt collection fees, and fees for uncollected goods that have not been paid for in advance.

Fulfillment: If the customer does not pay, the store can hold the purchase and require the buyer to pay the purchase price. If the merchandise has not been delivered, the store loses its right if it waits an unreasonably long time to make the claim. •

Termination: In the event of significant payment default or other material default by the customer, the store may terminate the contract. The store cannot be withdrawn after the purchase price has been paid.

The store may also cancel the purchase if the customer does not pay within a reasonable additional time for fulfillment set by the store. However, the store cannot withdraw while the additional term is running, unless the customer has stated that he does not want to pay.

Compensation: The store can claim compensation from the customer for the financial loss it suffers as a result of the customer’s breach of contract.

Interest on late payment/collection fee: If the customer does not pay the purchase price in accordance with the contract, the store may claim interest on the purchase price in accordance with the Interest on Late Payment Law. In the event of non-payment, the claim may, upon notice, be sent to debt collection, and the customer may then be liable for fees in accordance with the law on debt collection activities and other collections of overdue monetary claims.

Fee for uncollected and non-prepaid items: If the customer does not collect the unpaid items, the store may charge the customer a fee of NOK 500 + return shipping. The fee will cover at most the seller’s actual outlay to deliver the merchandise to the customer. This fee cannot be charged to customers under 18 years of age.

Warranty

A warranty given by the store or the manufacturer gives the customer rights in addition to the rights the customer already has under non-derogable legislation. Therefore, a guarantee does not imply restrictions on the customer’s right to complaints and claims in case of delay or defects in accordance with the clauses “Rights of the buyer in case of delay” and “Rights of the buyer in case of defect”.

Personal Information

Unless the customer agrees otherwise, the store may only obtain and store personal data that is necessary for the customer to fulfill the obligations under the contract. The personal data of customers under 15 years of age cannot be obtained unless the store has the consent of the parents or guardians. Customer personal information should only be disclosed to others if it is necessary for the store to complete the customer agreement, or in legal cases. The store can only obtain the customer’s social security number if there is a real need for secure identification and such collection is necessary.

If the store wants to use the customer’s personal data for other purposes, for example, to send you advertising or information beyond what is necessary to complete the agreement, the store must obtain the customer’s consent at the conclusion of the agreement. The store must give the customer information about what the personal data will be used for and who will use it. The client’s consent must be voluntary and given through an active action, for example, by checking the box.

The customer must be able to easily contact the store, for example by phone or email, if they have questions about the use of personal data by the store or if they want the store to delete or modify the personal data.

Cookies

We use so-called cookies on the Avanti Cavalli website. Cookies are small text files that are stored on your computer, which are used to give you access to some of the functions available on the website.

Avanti Cavalli uses cookies to improve the website for customers by, among other things, adapting the website with regard to customers’ wishes, choices and interests, to help you keep track of which products have been added to the shopping cart and manage purchases, to ensure that you have logged in to the website so that you do not have to log in every time you go to another page, to adjust our services and ensure that you receive advertising that is relevant to you, and for us to be able to fulfill our obligations in relation to for a purchase.

Permanent cookies are used, among other things, to store personal settings on Avanti Cavalli which, for example, ensure that you do not have to make certain choices every time you visit the website, and to customize and make information and marketing as relevant to you as possible. Temporary cookies are used, among other things, for the purpose of recording statistics for the use of the website.

By accepting Avanti Cavalli’s terms and/or privacy policy and using Avanti  Cavalli’s website, you consent to the processing of cookies as described above. If you do not accept the cookies that are used, you can turn off cookies in the security settings of your browser.

Conflict Resolution

The parties will attempt to resolve any dispute amicably. The customer can contact the Consumer Council for assistance in any dispute with the store. If an amicable solution is not reached after mediation in the Consumer Council, the parties may request in writing that the Consumer Council refer the dispute to the Consumer Dispute Committee. 13) Decisions of the Consumer Dispute Committee are legally binding four weeks after notification. Before the decision becomes legally binding, the parties may, by summons to the Consumer Disputes Committee, submit the decision to the district court.

13) See Act of 01 March 2017 Act on the Consumer Complaint Committee (Consumer Complaints Act).